Jewett v. Kansas City, Clinton & Springfield Railway Co.
Missouri Court of Appeals
Appeal from the Cass Circuit Cotírt. — How. Chas. W.. Sloan, Judge. (1) There was no evidence of defendant’s negligence, and, therefore, the case should not have been submitted to the jury, and when, their verdict was. rendered it should have been set aside. Current v. Pail/road, 86 Mo. 62; ScMerethv. Railroad, 96 Mo. 509; Bowen v. Railroad, 95 Mo. 268; Brown v. Railroad, 20-Mo. App. 222; Jewett v. Railroad, 38 Mo. App. 48; Flan-nery v. Railroad, 23 Mo.
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Appeal from the Cass Circuit Cotírt. — How. Chas. W.. Sloan, Judge. (1) There was no evidence of defendant’s negligence, and, therefore, the case should not have been submitted to the jury, and when, their verdict was. rendered it should have been set aside. Current v. Pail/road, 86 Mo. 62; ScMerethv. Railroad, 96 Mo. 509; Bowen v. Railroad, 95 Mo. 268; Brown v. Railroad, 20-Mo. App. 222; Jewett v. Railroad, 38 Mo. App. 48; Flan-nery v. Railroad, 23 Mo. App. 120; Gourley v¡ Railroad, 35 Mo. App. 92; Cathcart v. Railroad, 19 Mo. App.. 117; Shaw v. Railroad, not reported; Powell v. Railroad, 76…
1Opinion of the CourtGriLL, J.
— This is an action to recover the value of a mare and mule eolt killed by one of defendant’s freight trains. The right to recover is based on alleged negligence in the operation of the train. The track ran through plaintiff’s farm; was fenced on both sides, with gates at a farm crossing near plaintiff’s house. Plaintiff’s son started to drive several head of stock across the track at this crossing to water them; it was after eight o’clock at night of July 22, 1887, and between sundown and dark, and at the hour when a regular freight train passed daily. The boy opened the gate on one side of…
2Cases cited1 opinion
- Jewett v. Kansas City, Clinton & Springfield Railway Co.Missouri Court of Appeals · 1889
3Cited by4 opinions
- Glasscock v. Swafford Bros. Dry Goods Co.Missouri Court of Appeals · 1904
- Swift v. HarleyIndiana Court of Appeals · 1898
- Perse v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1892
- Rhinehart v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908